Supreme Court rules EPA can overrule state in clean air case

SFGate.com ^ | 1/21/04 | Anne Gearan - AP

[NormsRevenge]

The Supreme Court ruled Wednesday that the federal Environmental Protection Agency can override state officials and order some anti-pollution measures that may be more costly.

The 5-4 decision, a victory for environmentalists, found the EPA did not go too far when it overruled a decision by Alaska regulators, who wanted to let the operators of a zinc and lead mine use cheaper anti-pollution technology for power generation.

[NormsRevenge]

Ginsburg's usual allies on the court's ideological left joined her in the ruling: Justices John Paul Stevens, David H. Souter and Stephen Breyer. The crucial fifth vote came from Justice Sandra Day O'Connor, who usually votes with the court conservatives in states' rights cases.

[Dead Corpse]

What Constitutional contortionism did they use this time?

Never mind. I REALLY don't want to know....

[PhiKapMom]

When is the last time O'Connor voted with conservatives except for Texas redistricting? Time for her to retire like yesterday. All of her recent rulings that are major have been flawed in favor of the liberals IMO.

We need someone on the Supreme Court that recognizes the right of states!

[stylin_geek]

Again, the EPA is an out of control rogue agency, that blatantly usurps powers that should be reserved to Congress, in that they issue regulations that have the force of law and then proceed to enforce said regulations as if they were law.

[Grit]

What Constitutional contortionism did they use this time?

I would imagine "Interstate Commerce." Which has come to mean anything that moves, sells, buys, breathes or twitches anywhere within the borders of the US.

[NormsRevenge]

Ping

[caisson71]

More "activism" from the SCOTUS. WE might as well burn the Constitution.

[Whispering Smith]

It's called the Civil War or War of Northern Agression or War Between the States. One result of that war is that there is no countervailing force to the US Federal Government.

[nightdriver]

It's time to arrest some of the "justices" on the Supreme Court. If Congress won't rein them in, it's time to arrest some congressmen too!

[Lancey Howard]

The crucial fifth vote came from Justice Sandra Day O'Connor, who usually votes with the court conservatives in states' rights cases.

Here she goes again. The scumbags are going to take full advantage of O'Connor's rapid mental deterioration. I only hope the damage can be limited.

[oceanview]

well, california and 4 other northeast states have different (tougher) pollution regulations for cars. The EPA now ought to be able to toss those out. Of course, it won't happen. But generally speaking, we should be able to have national uniform standards. I do not see that the right to pollute at a certain level is granted to the states. suppose a bunch of states got together and said that cars didn't need catalytic converters, would that be OK?

[lilylangtree]

Superseding states rights again? Making more law instead of interpreting it. Down with SCOTUS! Do away with the overeager, bunch of misfits.

[Destructor]

Let us all join hands and sing hymns of praise to our comrades on the glorious Supreme Court for thwarting the will of the people (again)!

[justshutupandtakeit]

States have the right to impose more stringent controls on pollution than the feds require but not less this has been long established. It is surprising to find this before the Court at all. Environmental laws would be thrown out the window should the rules be different as states would compete in a race to the bottom to lower standards more than their neighbors.

That would also be tantamount to saying the federal government has no legitimate power to legislate environmental laws.

[SheLion]

Ahhhh the wonderful EPA! */scarasm off*

[justshutupandtakeit]

Are you referring to the "Slavers' Revolt" when you speak of a non-existant "War Between the States"? Virginia never fought Pennsylvania or Illinois Tennessee.

There was an unpleasant episodes\ where the democRAT party turned on the Union and Constitution in 1861. It was a DemocRAT Insurrection crushed by a real leader whom RAT stupidity elected. RAT inspired, RAT provoked and RAT extended through political sabotage in the North (Copperheads) just like they do today against the War on today's terrorism. RATS are nothing if not consistent.

[Cyclops08]

The danger here is the prescident it sets. thats an unelected beaurocrat can over-ride an elected state gov't.

[Itzlzha]

Agreed!

It's time that these Robed Nazgul learned that the Constitution is the Law, not LIEberal philosophy!

So much for "State's Rights"..."stroke of the pen, law of the land" indeed!

When, not IF, the revolution comes, certain folk are gonna be REAL surprised as to where they stand...

[leprechaun9]

Now there is a good way for every state to handle their budget crises. Every state should abolish their Departments of Environmental Protection and significantly cut costs and eliminate the nit-picking anti-development procedures of the local tree huggers!

Send all the applications for development to Socialist Sundry O'Connor.

[SheLion]

The danger here is the prescident it sets. thats an unelected beaurocrat can over-ride an elected state gov't.

I heard this last night, about how unelected judges can set the stage for the rest of the country. This is not right.